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Koumarish Bhattacharya (Advocate)     11 August 2010

Order from the Sessions Judge, which Court to carry?

The Learned Court below rejected the petition of interim order in a case of Protection of Women from Domestic Violence Act, 2005 on the ground that the report of the Protection Officer is not yet in. The Sessions Judge, relying upon a Judgment of the Bombay High Court, grants interim maintenance u/s 23 of the Act till the disposal of the Appeal, without mentioning whether the payment would be made in the Appellate Court or the lower Court. The Learned Sessions Judge does not even reflect in the order whether the order would be sent to the Court below.

In which Court the payment should be made?

Please answer as soon as possible, it is urgent.


 5 Replies

virender (advocate)     11 August 2010

the court which passed an order of maintaince as the same is interim order till the decision of the case

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     12 August 2010

I agree with Virender.

1 Like

penjuri venugopal (Advocate)     13 August 2010

the maintenance would made at lower court, or which court maintance passed

1 Like

ANMOL VERMA (ADVOCATE)     13 August 2010

yes...Virender Sir is Right

Vijay Kumar (Advocate)     23 September 2010

There can be no second opinion that the order of the appellate court is to be enforced by the lower court where the complaint is pending.

By the way the appellate court must have ordered to pay maintenance till the final disposal of COMPLAINT and not APPEAL.


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